Criminal Law (AILET (All India Law Entrance Test) Legal-Aptitude): Questions 10 - 12 of 23

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Question number: 10

» Criminal Law

Appeared in Year: 2014

MCQ▾

Question

LEGAL PRINCIPLE: Whoever intending to take dishonestly any movable property out of the possession of any person without that person’s consent, moves that property in order to such taking, is said to commit theft.

FACTUAL SITUATION: A, in good faith, believing property belonging to B to be A’s own property, sells the property to C. Has A committed theft?

Choices

Choice (4) Response

a.

No, because he did not have a dishonest intention.

b.

No, he did not move the property.

c.

No, he did not move the property that was in B’s possession.

d.

Yes, the constituent elements of theft are satisfied in this case.

Question number: 11

» Criminal Law

Appeared in Year: 2014

MCQ▾

Question

LEGAL PRINCIPLE: Nothing is an offence which is done by any person who is, or who by reason of mistake of fact, in good faith, believes himself to be bound by law to do it.

FACTUAL SITUATION: A, soldier, fires on a mob by the order of his superior officer, in conformity with the commands of the law. B is killed due to such firing. Is A guilty of murder?

Choices

Choice (4) Response

a.

No, he is bound by law to do it.

b.

Yes, he should have taken care to avoid any innocent person from being killed.

c.

Yes, as he has killed a person.

d.

The superior officer is guilty.

Question number: 12

» Criminal Law

Appeared in Year: 2014

MCQ▾

Question

LEGAL PRINCIPLE: No one can be punished for the same offence twice.

FACTUAL SITUATION: Aditya is accused of harassing his colleague Nimisha. She complains to her superior and a departmental inquiry is initiated against Aditya. Aditya tries to intimidate Nimisha and continues harassing her following which she complains to the police. The departmental inquiry finds him guilty and terminates his services. Later, he is found guilty by a court and is jailed for 2 years. He claims that he has been punished twice.

Choices

Choice (4) Response

a.

He has been punished for different offences.

b.

He has not been punished twice for the same offence.

c.

He has been punished twice for the same offence.

d.

All of the above

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